If you have a restraining order on you andare going through a divorce, are you legally okay to talk to the spouse’s lawyer?

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If you have a restraining order on you andare going through a divorce, are you legally okay to talk to the spouse’s lawyer?

My father was blindsided by my mother who got a restraining order on him under false statements. He now has to pay all the bills for the house, while her new boyfriend lives there with her. He wants to end this divorce quickly and would like to talk to her lawyer about settling everything. He has been to numerous lawyers and they all are just stringing him along. It is horrible what is happening.

Asked on November 14, 2011 under Family Law, Massachusetts

Answers:

Henry Lebensbaum / Law Office of Henry Lebensbaum

Answered 9 years ago | Contributor

Great question, and the answer is NO!

He can only go through an atorney to deal with her, not you, not a friend, nobody else,

Any direct or indirect action will cause him to be criminally charged, however innocent the act.

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 9 years ago | Contributor

Your father can discuss settlement with your mother's attorney.  However, he would be wise to retain an attorney to represent him in this matter.  He has the right and obligation to the disclosure of property that he or she may know about.  Also the fact that your mother is cohabiting with a man raises a presumption that she has a reduced need for spousal support.


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